International Trade

  • December 15, 2016

    Fed. Circ. Affirms Atty Fees For White Sauce Importer

    The Federal Circuit affirmed a U.S. Court of International Trade decision to award attorney fees to an importer of white sauce on Thursday, ending its fight with U.S. Customs and Border Protection over $28 million in tariffs applied to its imports because of the agency’s reclassification of the product.

  • December 15, 2016

    Solar Panel Importer Can't Dodge Dumping Duty: Fed. Circ.

    In a precedential decision Thursday, the Federal Circuit found a solar panel importer can’t dodge a duty on solar cells from Taiwan because they were assembled into panels in Mexico.

  • December 15, 2016

    EU Cos. Still Facing Significant Nontariff Barriers: Study

    A joint study published on Thursday by the International Trade Centre and the European Commission found that more than one-third of companies, mostly of the small and medium-sized variety, based in the European Union face nontariff restraints and red tape that hinder their ability to export goods.

  • December 15, 2016

    Colombia Declares Compliance In WTO Tariff Fight

    The Colombian government has altered its tariffs on imports of certain textiles, apparel and footwear in an attempt to comply with World Trade Organization rulings that deemed the tariffs to be in violation of global rules, according to a WTO document circulated Thursday.

  • December 15, 2016

    ICE, Customs Launch Effort Against Counterfeit Electronics

    U.S. Immigration and Customs Enforcement and Customs and Border Protection announced a new joint effort Wednesday to stop counterfeit and possibly dangerous consumer electronics at the border.

  • December 15, 2016

    US Expands Fight Against Chinese Ag Policies At WTO

    For the second time in three months, the Obama administration on Thursday launched a World Trade Organization case against Chinese agricultural policy, this time targeting tariff-rate quotas that Beijing has used to lock out U.S. exports of rice, corn and wheat.

  • December 15, 2016

    International Trade MVP: Skadden's Ivan Schlager

    Skadden Arps Slate Meagher & Flom LLP partner Ivan Schlager landed himself on Law360's list of International Trade MVPs with his work on an array of billion-dollar complex cross-border deals for corporate behemoths such as Apex Technology Co. and Nokia Corp.

  • December 14, 2016

    Wal-Mart Investors Call Class Toss Fatal To Records Demands

    A stockholder attorney told the Delaware Supreme Court on Wednesday that failure to resurrect a class suit targeting a Wal-Mart Mexico bribery scandal could be the “death knell” for the use of time-consuming books and records actions to beef up suits targeting corporate directors' failings.

  • December 14, 2016

    Manufacturers, Retailers Blast Border Adjusting In Tax Plan

    More than 50 retail and manufacturing associations urged Congress to abandon a crucial piece of the GOP tax overhaul plan in a letter Tuesday, saying the proposal to increase taxes on all imports could hurt domestic industry.

  • December 14, 2016

    Bankrupt Hanjin Lands Ch. 15 Recognition In NJ

    A New Jersey judge formally recognized Hanjin Shipping Co. Ltd.’s South Korean bankruptcy proceeding Tuesday and affirmed an earlier order barring U.S. creditors from seizing any of the container shipping giant’s assets or terminating contracts without the court’s blessing.

  • December 14, 2016

    EU Continues Backing UN's Arbitration Transparency Push

    The European Commission announced Wednesday that it would continue to support a United Nations initiative aimed at improving transparency in investor-state arbitration proceedings, which has been a key priority for policymakers in Brussels over the past two years.

  • December 14, 2016

    Kirkland Ellis’ Conflict Issues Deepen In Turkish Trader Case

    The conflict quagmire surrounding Kirkland & Ellis LLP and its work for a Turkish gold trader charged with bank fraud and trade sanction violations deepened Wednesday as a federal judge questioned a “slice and dice” plan to protect the defendant and Kirkland & Ellis banking clients.

  • December 14, 2016

    New UK Financial Regulator Heralds Tougher Enforcement Era

    When Britain introduced a financial sanctions regulator earlier this year, it signaled a tougher approach to fighting transactional violations and added another enforcer to the agencies policing U.K. banks. Law360 spoke to attorneys for the lowdown on the Office of Financial Sanctions Implementation, and here, they provide a handy primer on the latest financial watchdog on the block.

  • December 14, 2016

    Trump Would Be Wise To Seek UK Trade Deal, Adviser Says

    President-elect Donald Trump may move quickly to strike a trade deal with the United Kingdom once its divorce from the European Union is finalized, a campaign adviser said Tuesday, suggesting that the move could soften the blow of Trump’s more controversial and protectionist trade proposals.

  • December 14, 2016

    International Trade MVP: Wiley Rein's Daniel Pickard

    Wiley Rein LLP partner Daniel Pickard’s passionate trade law advocacy for steel giants and small-town manufacturers has earned him his first appearance on Law360's list of International Trade MVPs.

  • December 14, 2016

    Banks Back Financial Disclosures On Climate Change

    Banks and other financial institutions on Wednesday welcomed recommendations for financial disclosures around climate change, following a consultation launched by the Financial Stability Board’s climate task force in London.

  • December 13, 2016

    Guinea's Ex-Mines Minister Arrested In Bribery Case

    Guinea’s former mines minister on Tuesday was arrested and charged in New York with laundering the proceeds from $8.5 million in bribes he allegedly took from two Chinese companies in exchange for valuable mining rights, federal prosecutors said in a statement.

  • December 13, 2016

    US Urges High Court to Reject Belize's Arbitration Appeal

    The U.S. solicitor general has asked the Supreme Court to refuse to hear an appeal by the government of Belize against the enforcement of a 38 million Belize dollar ($19 million) arbitral award to a telecommunications company, saying U.S. courts were the proper venue for the enforcement of the award.

  • December 13, 2016

    EU, Canada Kick Off Talks On Expanding Investment Court

    Trade officials from around the world began talks in Geneva on Tuesday about growing an investment court established by a recent trade deal between Canada and the European Union into a full-fledged global body that could replace the investor-state arbitration process that exists in thousands of treaties.

  • December 13, 2016

    EU Council Breaks Deadlock On Anti-Dumping Trade Talks

    The mission heads of European Union member states finally agreed Tuesday to end a deadlock over how to take action on proposed updates of anti-dumping and anti-subsidy trade measures, saying the EU has to protect its interests, especially in the case of imported products that are being sold at unfairly low prices.

Expert Analysis

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.

  • How Energy Firms Can Use The Defend Trade Secrets Act

    Benjamin Fernandez

    Whether it's hydraulic fracturing fluid ingredients, customer lists, geologic and seismic data or employee know-how, energy companies routinely face trade secret issues. With the enactment of the federal Defend Trade Secrets Act this year, energy companies have a new tool to safeguard against misappropriation of their proprietary information, say attorneys with WilmerHale.

  • A Primer On The Presidential Appointee Vetting Process

    Robert K. Kelner

    With the election over, the process of selecting individuals to fill the next administration’s key appointed positions is quickly shifting into high gear. For those who are called to serve in such positions, the process entails extensive vetting of professional credentials and a host of personal background check issues, say attorneys with Covington & Burling LLP.

  • Merging Law Firms: Think Before You Tie The Knot

    John Remsen Jr.

    Getting larger isn’t a good enough reason to merge. Focus on whether the merger will make your firm better. Also, it’s possible that a merger can reduce profitability, says John Remsen Jr. of TheRemsenGroup.

  • What's Next For US-Mexico Bilateral Trade Under Trump?

    Carlos Vejar

    Withdrawal from NAFTA might not be the only alternative to keep U.S. companies from moving production offshore — assuming that is one of the main goals in considering such a withdrawal, says Carlos Vejar, a partner with Holland & Knight LLP and former general counsel for international trade in Mexico's Ministry of Economy.

  • DOD Rule Would Create Export Control Issues For Contractors

    Andy Irwin

    If implemented, the U.S. Department of Defense's proposed rule on withholding unclassified technical data could impact or potentially inhibit the submission of contractor export violation disclosures to the U.S. Departments of State and Commerce, say Andy Irwin and Michael Mutek of Steptoe & Johnson LLP.

  • Merging Law Firms: Why Deals Fail Or Underperform

    Lisa Smith

    While many law firm mergers have been successful, some have been spectacularly unsuccessful — to the point of firm dissolution. Some have exceeded expectations, while others have had little impact on the overall competitiveness of the combined firm. In both failed discussions and less-than-successful mergers, there are mistakes that are made along the way, says Lisa Smith of Fairfax Associates.

  • FCPA Enforcement On Near-Record Pace For 2016: Part 2

    John E. Davis

    The recent balance shift in Foreign Corrupt Practices Act enforcement likely reflects a strategic decision by the U.S. Department of Justice to reallocate internal agency resources toward larger, more complex corporate investigations and the pursuit of culpable executives, leaving the U.S. Securities and Exchange Commission in the driver’s seat for most lower-value corporate enforcement actions, say attorneys with Miller & Chevalier Chtd.

  • Intellectual Property Under A Donald Trump Presidency

    Jorge Espinosa

    Vice President-elect Mike Pence has been a highly rated favorite of the American Conservative Union, which has condemned patent law reform as “a risk to American innovation.” As transition chief, Pence is likely to have a strong influence on President-elect Donald Trump’s view of the desirability of patent reform, says Jorge Espinosa, managing partner of Espinosa Trueba Martinez PL.

  • What To Expect From The New Senate

    Kay Bailey Hutchison

    A word of caution to our fellow Republicans — one lesson learned from President Obama’s first two years in office is that pushing through partisan legislation could come back to haunt a party and a presidency, say former Sen. Kay Bailey Hutchison, R-Texas, and Curt Beaulieu of Bracewell LLP.